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Marijuana dispensaries not allowed

Timm Collins
9:04 p.m. PDT April 22, 2014

Marijuana is grown for medical marijuana patients and then if there is excess, it is consigned at a medical marijuana dispensary.(Photo: KOBBI R. BLAIR | Statesman Journal, KOBBI R. BLAIR / Statesman Journal)

Like other communities around Oregon, Silverton and Mt. Angel have taken the necessary steps to regulate medical marijuana dispensaries that may want to move to town.

Both Silverton and Mt. Angel enacted ordinances that will block dispensaries from setting up shop, at least for a year. Scotts Mills has not.

The unconventional pharmacies have operated in a legal gray area in Oregon for years, starting with Ballot Measure 67, approved by Oregon voters in November 1998.

Known as the Oregon Medical Marijuana Act, the law allows for those with debilitating medical conditions to use small amounts of marijuana with a doctor’s prescription without fear of civil or criminal penalties.

Because the use, possession and sale of marijuana currently is illegal under federal law, there has been uncertainty about a city’s ability to regulate the dispensaries.

House Bill 3460, which took effect in March, approved medical marijuana retail establishments and created a registry.

Adopting an ordinance as Silverton and Mt. Angel have will theoretically give each city time to investigate and understand the effects of the new law and gather community input.

Silverton regulations do not allow a business that operates against federal law.

“If I deny a business license based on my reading of our ordinance ... that is likely to result in litigation,” City Manager Bob Willoughby told the council on April 7.

Scotts Mills Mayor Ron Bielenberg said the city has more important things to deal with than prohibiting medical marijuana dispensaries.